Town Council Item # 2023-180

2023-180 AUTHORIZATION TO CONVEY 8.1 +/- ACRES OF THE PROPERTY LOCATED AT 140 OLD OYSTER ROAD, IN THE VILLAGE OF COTUIT, MA, TO THE COTUIT FIRE DISTRICT FOR NOMINAL CONSIDERATION OF ONE DOLLAR AND NO CENTS ($1.00) AND APPROVAL AND AUTHORIZATION OF A CONSERVATION RESTRICTION ON THE REMAINING 5.4 +/- ACRES OF SAID PROPERTY TO BE HELD BY THE COTUIT FIRE DISTRICT FOR CONSERVATION, RECREATION, AQUIFER RECHARGE AREA AND WATER PROTECTION PURPOSES
WHEREAS, the 13.5 acre parcel located at 140 Old Oyster Road in the Village of Cotuit in the Town of Barnstable, as shown on Town of Barnstable Assessor’s Map 021, Parcel 008, is under the charge, custody and control of the Town Manager; and
WHEREAS, on April 10, 2023, the Town sought and received endorsement of the Town Planning Board that approval under the Subdivision Control Law was not required to divide said 13.5 acre parcel into two lots of 8.1 +/- acres and 5.4+/- acres, referred to hereinafter as Lot A and Parcel B, respectively, as shown on a plan of land entitled, “Approval Not Required Plan of Land at 140 Old Oyster Road in Barnstable (Cotuit) MA (Barnstable County) prepared for: Town of Barnstable Department of Public Works, prepared by: JC Engineering, Inc., 2854 Cranberry Highway, East Wareham, MA 02538, Scale 1” = 60’ October 14, 2022” (the “ANR Plan”) attached hereto; and
WHEREAS, on April 11, 2023, the Town Manager declared that Lot A was no longer required for the public purposes of the Town and was surplus to the Town’s needs and so informed the Town Council; and
WHEREAS, the Cotuit Fire District seeks to acquire Lot A due to its location within a wellhead protection area and directly up gradient from one of the Fire District’s primary drinking water wells; and
WHEREAS, the Town Manager seeks authorization to convey Lot A by deed to the Cotuit Fire District for the nominal consideration of One Dollar and No Cents ($1.00); and
WHEREAS, the Town Manager seeks Town Council approval of a Conservation Restriction to be placed on Parcel B to be held by the Cotuit Fire District for conservation, recreation, aquifer recharge area and watershed protection purposes;
NOW, THEREFORE, BE IT ORDERED:
1. That the Town Council does hereby declare available for disposition and approve and authorize the conveyance by deed of Lot A, 8.1 +/- acres as shown on the ANR Plan, including the building thereon, as is, where is, without warranty or any further obligation incumbent upon the Town, to the Cotuit Fire District for the nominal consideration of One Dollar and No Cents ($1.00); and further authorizes the Town Manager to execute, receive, deliver and record any written instrument necessary to effectuate such conveyance; and

2. Subject to the conveyance authorized by Paragraph 1 hereof, and pursuant to the provisions of M.G.L. c. 184, sections 31-33, the Conservation Restriction statute, the Town Council does hereby approve and authorize the Town Council President to sign on behalf of the Town Council a Conservation Restriction on Parcel B, 5.4 +/- acres as shown on the ANR Plan, said Restriction to be held by the Cotuit Fire District for conservation, recreation, aquifer recharge area and watershed protection purposes. Said Restriction is subject to approval of the Massachusetts Secretary of Energy and Environmental Affairs, and shall be substantially in the form attached hereto. It is further ordered that the Town Manager is authorized to execute, receive, deliver and record any written instruments necessary to effectuate the purposes set forth herein.
SPONSOR:Councilor Jessica Rapp Grassetti, Precinct 7; Mark S. Ells, Town Manager

**NOTE: Item was read into the Town Council meeting record on April 27, 2023 and referred to the May 4, 2023 Town Council meeting for Council discussion and vote. Item is NOT open to a public hearing however public comments are accepted during Public Comment at beginning of meeting. 

View May 4, 2023 Town Council Meeting Agenda HERE

B. NEW BUSINESS (Refer to Second Reading 05/04/2023) BARNSTABLE TOWN COUNCIL
ITEM# 2023-180 INTRO: 04/27/23

2023-180 AUTHORIZATION TO CONVEY 8.1 +/- ACRES OF THE PROPERTY LOCATED AT 140 OLD OYSTER ROAD, IN THE VILLAGE OF COTUIT, MA, TO THE COTUIT FIRE DISTRICT FOR NOMINAL CONSIDERATION OF ONE DOLLAR AND NO CENTS ($1.00) AND APPROVAL AND AUTHORIZATION OF A CONSERVATION RESTRICTION ON THE REMAINING 5.4 +/- ACRES OF SAID PROPERTY TO BE HELD BY THE COTUIT FIRE DISTRICT FOR CONSERVATION, RECREATION, AQUIFER RECHARGE AREA AND WATER PROTECTION PURPOSES
WHEREAS, the 13.5 acre parcel located at 140 Old Oyster Road in the Village of Cotuit in the Town of Barnstable, as shown on Town of Barnstable Assessor’s Map 021, Parcel 008, is under the charge, custody and control of the Town Manager; and
WHEREAS, on April 10, 2023, the Town sought and received endorsement of the Town Planning Board that approval under the Subdivision Control Law was not required to divide said 13.5 acre parcel into two lots of 8.1 +/- acres and 5.4+/- acres, referred to hereinafter as Lot A and Parcel B, respectively, as shown on a plan of land entitled, “Approval Not Required Plan of Land at 140 Old Oyster Road in Barnstable (Cotuit) MA (Barnstable County) prepared for: Town of Barnstable Department of Public Works, prepared by: JC Engineering, Inc., 2854 Cranberry Highway, East Wareham, MA 02538, Scale 1” = 60’ October 14, 2022” (the “ANR Plan”) attached hereto; and
WHEREAS, on April 11, 2023, the Town Manager declared that Lot A was no longer required for the public purposes of the Town and was surplus to the Town’s needs and so informed the Town Council; and
WHEREAS, the Cotuit Fire District seeks to acquire Lot A due to its location within a wellhead protection area and directly up gradient from one of the Fire District’s primary drinking water wells; and
WHEREAS, the Town Manager seeks authorization to convey Lot A by deed to the Cotuit Fire District for the nominal consideration of One Dollar and No Cents ($1.00); and
WHEREAS, the Town Manager seeks Town Council approval of a Conservation Restriction to be placed on Parcel B to be held by the Cotuit Fire District for conservation, recreation, aquifer recharge area and watershed protection purposes;
NOW, THEREFORE, BE IT ORDERED:
1. That the Town Council does hereby declare available for disposition and approve and authorize the conveyance by deed of Lot A, 8.1 +/- acres as shown on the ANR Plan, including the building thereon, as is, where is, without warranty or any further obligation incumbent upon the Town, to the Cotuit Fire District for the nominal consideration of One Dollar and No Cents ($1.00); and further authorizes the Town Manager to execute, receive, deliver and record any written instrument necessary to effectuate such conveyance; and

2. Subject to the conveyance authorized by Paragraph 1 hereof, and pursuant to the provisions of M.G.L. c. 184, sections 31-33, the Conservation Restriction statute, the Town Council does hereby approve and authorize the Town Council President to sign on behalf of the Town Council a Conservation Restriction on Parcel B, 5.4 +/- acres as shown on the ANR Plan, said Restriction to be held by the Cotuit Fire District for conservation, recreation, aquifer recharge area and watershed protection purposes. Said Restriction is subject to approval of the Massachusetts Secretary of Energy and Environmental Affairs, and shall be substantially in the form attached hereto. It is further ordered that the Town Manager is authorized to execute, receive, deliver and record any written instruments necessary to effectuate the purposes set forth herein.
SPONSOR:Councilor Jessica Rapp Grassetti, Precinct 7; Mark S. Ells, Town Manager
DATE ________ ________

ACTION ______________________ ______________________
____ Read Item
____ Rationale
____ Council Discussion ____ Vote

**NOTE: Item to be read into Town Council meeting record on April 27, 2023 and referred to the May 4, 2023 Town Council meeting for Council discussion and vote. Item is NOT open to a public hearing however public comments are accepted during beginning of Council meetings. Refer to item 2023-180.

View Agenda Item 2023-180, pp 86-112 of Town Council Meeting Agenda HERE

View Planning Board Agenda & Meeting Materials HERE

View Planning Board April 10, 2023 Meeting HERE

View Planning Board Agenda & Meeting Materials HERE

Tonight’s meeting was cancelled due to lack of quorum.

Item will be on the April 10, 2023, 7pm Planning Board meeting agenda.